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Notary Notes

Notary Certificate Must Indicate Electronic Notarization

by PAN

The Pennsylvania Department of State notes that the notary wording attached to or logically associated with an electronic notarial act must indicate that the act involved the use of communication technology. The Department has seen a number of electronic notarial certificates that do not include the proper notation.

Section 306.1 of the Revised Uniform Law on Notarial Acts (RULONA) covers notarial acts performed for remotely located individuals. Paragraphs (c) and (d) state:

(c) Notarial certificate.--If a notarial act is subject to this section, the certificate of notarial act required by section 315 (relating to certificate of notarial act) and the short form certificate under section 316 (relating to short form certificates) must indicate that the notarial act was performed by means of communication technology.

(d) Sufficiency.--A short form certificate under section 316 for a notarial act subject to this section is sufficient if either of the following apply:
  1. The short form certificate is in the form provided by section 316 and contains a statement substantially as follows: "This notarial act involved the use of communication technology."
  2. The certificate complies with the regulations promulgated under subsection (g)(1).
     
Since the Department has not yet promulgated regulations, notaries performing electronic notarial acts must follow the direction in (d)(1) and make sure the notarial certificate contains the statement, "This notarial act involved the use of communication technology."

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